La. Admin. Code tit. 55 § V-507

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-507 - Handling of Consumer Complaints

A. All complaints concerning units constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 shall be handled in compliance with Subpart I of the federal regulations established pursuant to the Act.

1. Upon receipt of a consumer complaint or other information indicating the possible existence of a failure to conform or imminent safety hazard, the state fire marshal will review the complaint or information to determine where the home was manufactured and if a problem exists. All complaints shall be referred to the manufacturer or retailer if a problem is indicated. When there is information to indicate that homes with the same failure to conform, or imminent safety hazard may have been manufactured in more than one state, the complaint will simultaneously be forwarded to HUD and the home manufacturer.

2. Where the complaint is forwarded to the manufacturer, the manufacturer will be requested, in writing, to investigate the complaint within 20 days of receipt of the complaint and make a report to the state fire marshal. In the event that it appears from the complaint that an imminent safety hazard exists, the state fire marshal will simultaneously contact the manufacturer by telephone and make its own investigation in addition to forwarding the complaint, in writing, in an effort to expedite investigation and any necessary correction by the manufacturer.

3. Where the manufacturer has determined and reports that no imminent safety hazard, serious defect, defect, or noncompliance exists and the state fire marshal is able to concur from all available information, he will consider the complaint closed and so inform the manufacturer and complainants; however, if the state fire marshal is unable to concur with the manufacturer's report, he will make an investigation and within 10 days of receipt of the manufacturer's report shall inform the manufacturer of the results of the investigation. If it is found that the manufacturer's report was correct, the state fire marshal will consider the matter closed.

4. Where, upon investigation, the state fire marshal determines that an imminent safety hazard, serious defect, defect or noncompliance may exist, he or his designated representative will notify the manufacturer to take necessary action. Where the manufacturer does not take action after notification by the state fire marshal and it appears that an imminent safety hazard or serious defect may exist, the state fire marshal will inform the manufacturer of its opinion and simultaneously forward to HUD documentation of the factual basis upon which such opinion was made, for administrative determination by HUD, pursuant to 24 CFR Section 3282.407 (a). Where the manufacturer does not take action after notification by the state fire marshal, and it appears that a defect or noncompliance may exist, the manufacturer will be notified. The notice shall be sent to the manufacturer by certified mail and will include:

a. the preliminary determination by the state fire marshal;

b. the factual basis for the determination;

c. the date on which the determination was made;

d. the identifying criteria of the manufactured homes known to be affected;

e. notice to the manufacturer that a hearing or presentation of views may be requested, pursuant to 24 CFR Part 3282, Subpart D, to establish that there is no such defect or noncompliance;

f. notice to the manufacturer that the preliminary determination of defect or noncompliance shall become final unless the manufacturer responds within 15 days after receipt of such notice and requests a hearing or presentation of views to rebut the state fire marshal's determination;

g. notice to the manufacturer that any information upon which the determination has been based, such as test results, records of inspection, etc., shall be available for inspection by the manufacturer.

5. Where the manufacturer requests a hearing or presentation of views, one shall be promptly provided in accordance with the procedures outlined in the Administrative Procedure Act, R.S. 49:950 et seq.

6. Where the manufacturer fails to respond to the notice of preliminary determination or if the state fire marshal's inspector decides that the views and evidence presented by the manufacturer are insufficient to rebut the preliminary determination, the state fire marshal may make a final determination that a defect or noncompliance exists and will notify the manufacturer to make a notification and submit a plan in accordance with 24 CFR Section 3282.409. Within 10 days after receipt of the notice of final determination, the manufacturer may appeal to the secretary of the United States Department of Housing and Urban Development.

7. The manufacturer's plan for notification and correction, including contents of notice, time for implementation and completion of acts and reports, shall be made in accordance with the provisions of 24 CFR Section 3282.409 When the manufactured home is in the hands of a distributor or retailers, it shall be handled in accordance with 24 CFR Section 3282.414

8. The state fire marshal shall be responsible through oversight and remedial actions that the provisions of 24 CFR Part 3282, Subpart I, are carried out and may make inspections of any manufacturer corrections to assure compliance with 24 CFR Part 3282, Subpart I.

La. Admin. Code tit. 55, § V-507

Promulgated by the Department of Public Safety, Office of the State Fire Marshal, LR 8:17 (January 1982), amended by the Department of Public Safety and Corrections, Office of the State Fire Marshal, LR 23:1694 (December 1997), LR 38 3236 (December 2012), Amended LR 47486 (4/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1651(B).